Independence Drunk Driving Laws

Traffic and criminal laws are different in every state. At the Burmaster Law Firm we represent drivers charged with DUI in Independence, MO. Our Independence DWI attorney handles criminal charges and administrative license suspension hearings.

This section provides a quick overview of Independence drunk driving laws. It covers deadlines, basic penalties, options to resolve DWIs, and insurance issues. DWI law is constantly changing and this Web site cannot replace competent legal counsel.

To learn about your rights and legal options after Independence DWI arrest, please contact our Independence drunk driving defense attorney, Paul Burmaster.
 

Remember: Every DWI case involves two completely separate legal matters: the DWI criminal charge and the administrative drivers license suspension question.

Deadlines
You must request a drivers license hearing in Independence within 15 days of taking a breath test or you will be automatically suspended from driving. If you refuse the breath test, you waive the first hearing and you must appeal within 30 days.  In either event, request a hearing immediately. We recommend that you send it by certified mail with a return receipt required. Or contact our law office. We will meet with you and fax your request for free.  The DWI laws have changed significantly and the length of a possible suspension (or ignition interlock requirement) varies depending on a number of factors.  

Penalties
Missouri drunk driving laws provide minimum penalties for any DUI conviction:

• 1st Offense
  For a first offense, a defendant is subject to a minimum of two days in jail, a  fine, one year of probation, and a suspension of driving privileges (resulting in increased insurance costs).
• 2nd Offense
  For a second offense a defendant is subject to a minimum of five days in jail, a fine, one year of probation, and a suspension of driving privileges (resulting in increased insurance costs).
• 3rd Offense
  A third offense is a D felony. A felony carries a minimum of 120 days in jail, increased fines, probation, and a suspension of driving privileges (resulting in increased insurance costs). However, some cases can be handled through the DWI Court program.  Please call our office for more information (816) 561-0706.
• 4th Offense
  A fourth offense is a C felony. This felony carries with it a suspension of driving privileges,  and a possible lengthy stay in the Penitentiary.  

Insurance
A DWI conviction, or administrative suspension, will usually double or triple a driver's insurance rates. This can cause an increase of $5,000 to $10,000 over a three- to five-year period. This may be the worst consequence.

CAN I AMEND OR REDUCE MY DUI?
No. Under Missouri law, a DWI cannot be amended to a lesser charge. Therefore, you must find some other option to resolve the charge.

Legal Options in Independence, Missouri
There are three options for resolving a DWI in Missouri: a plea bargain, a trial, or diversion.

• Plea Bargain
  In Independence, it is possible to discuss amending the charge to something lesser.  It is rare, but possible.
• Trial
  DWI trials are much like the trials you see on television or in the movies. The prosecution will put on its case, and the defense will try to poke holes in it to show reasonable doubt. If the driver is acquitted (found not guilty), then he will suffer no penalty. If he is convicted (found guilty), then the prosecution is free to ask for more than the minimum sentence.
• SIS  An SIS is a Suspended Imposition of Sentence.  It is much like a diversion in Kansas.  If the Defendant can complete a two-year probation, they will not be convicted or have a suspension as a result of the DWI charge. However, it may count as a prior in the event of a future DWI.

Other Important Issues
Insurance
A DWI conviction can double or triple your insurance rates and so can a license suspension. It is important to try to beat both or you may pay an extra $5,000 to $10,000 for insurance.

Do I Need an Attorney?
Yes. Imagine playing a game where the stakes are high (jail) and you do not know the rules. Yes, you need a lawyer.

How Much Does an Attorney Cost?
Each case is different. There are a number of factors to consider. But, we will be happy to meet and talk with you for free in an initial consultation.

DUI or DWI?
In Independence, Missouri we use the term DWI, but it is the same as a DUI.

Have you been charged with violation of Missouri drunk driving laws? Call or e-mail our  law firm to arrange a free initial consultation. Contact our DUI attorney, Paul Burmaster for your case in Independence, Missouri.